Recent conversations surrounding the possible repealing of Roe v. Wade are raising numerous concerns surrounding abortions across the United States. However, for residents in California, abortion will remain legal under the state’s constitution regardless of any changes made to Roe v. Wade. Here is everything you need to know about undergoing an abortion in California.
Roe v. Wade & Abortion in California:
In the United States, Roe v. Wade is the Supreme Court Case that legalizes abortions and protects female reproductive rights at the federal level. Though its 1973 passage was meant to provide universal protections for female reproductive rights, it did not give a uniform solution to the controversy of abortion across the nation. Three years before the Roe v. Wade Supreme Court case, California upheld its 1953 ruling to make abortion a constitutional right. Since this decision, California continues drafting legislation to protect and regulate reproductive rights to make them as beneficial and safe as possible.
Abortion in California
In California, the right of a pregnant individual to seek out and undergo an abortion is a fundamental human right that both California and the United States Constitutions protect. However, there are numerous pieces of state-specific legislation outlining legally permissible abortion practices. Therefore, it is essential to understand how the legality of abortion applies to an individual’s circumstances before choosing to undergo the procedure.
Possible Reasons for Abortion
There is no one reason individuals seek an abortion. In fact, most clinics do not allow doctors to ask why someone is having an abortion. It is one’s personal business and the only essential discussion is about one’s health and possible complications to it. However, there are some common reasons one might seek an abortion such as those below:
- Birthing complications
- Medical complications
- Ovarian Cancer
- Not prepared
- Homelessness
- Pregnancy in Prison
- Abusive Relationships
- Rape
- Complications of growth or development in the fetus
No matter what the reason is, abortion is a guaranteed right in California. However, steps must be taken within the timeline that the state legislature sets forth.
What is an Abortion?
An individual who undergoes an abortion chooses to undergo the medical process of terminating a pregnancy. When performed correctly, an abortion safely terminates the unborn fetus. There are two kinds of abortions that a pregnant female may choose to undergo: medication abortions or in-clinic abortions. Medication and In-Clinic Abortions are the only types of abortion legal in California when the proper licensed physician performs them. Further, abortions are only permitted in California until the fetus has reached viability. Typically, viability occurs around the 23rd week of pregnancy or when the fetus has an in-utero weight of 500 grams. Because this weight can be reached at different points in pregnancy depending on the individual, doctors determine viability on a case-by-case basis.
Medication Abortions:
A medication abortion, also commonly known as pill abortion, is only available to individuals in the early stages of pregnancy. Specifically, in California, medication abortion is open to individuals who have not passed ten weeks and zero (0) days since the start of their last menstrual cycle. During this process, individuals will be prescribed the medication by a licensed physician. However, it is essential to know that medication abortions are not guaranteed effective. Suppose an individual has undergone a medication abortion proven to be ineffective. In that case, they will have to return to their clinic to receive another dose of the abortion medication or undergo an in-clinic abortion.
In-Clinic Abortions:
In-clinic abortion is the type of abortion available to pregnant individuals in California who are within 16 weeks and 0 days of the start of their last menstrual cycle. This type of abortion is a medical procedure that only medically authorized clinics may undertake. In-clinic abortions are available for pregnant females up to 6 months of pregnancy. After six months of their pregnancy, the fetus has typically reached viability. Therefore, abortion is only available to females when the pregnancy threatens their lives or health after six weeks. In-clinic abortions are performed on-site at a medical practice and use suction to remove the unborn fetus from within the female’s uterus. The two types of in-clinic abortions performed in California are Dilation and Evacuation (D&E) and Suction Abortion.
Dilation and Evacuation (D&E) Abortions:
A Dilation and Evacuation (D&E) Abortion is a type of in-clinic abortion performed by a clinic on pregnant females who are typically further along in their pregnancy than 16 weeks and 0 days. This type of abortion procedure uses a combination of suction and medical tools to remove the unborn fetus from the uterus.
Suction Abortions:
A Suction Abortion is the second type of in-clinic abortion performed in California. Suction Abortions require a suction device to remove the unborn fetus from the uterus. This type of procedure is the most common type of in-clinic abortion. During the procedure, doctors operate on pregnant females within weeks 14-16 of pregnancy.
Partial-Birth Abortion in California:
Alongside medication and in-clinic abortions, legislators and physicians recognize partial-birth abortions as a third type of abortion. This type of abortion is known as partial-birth abortion. Partial-birth abortion is the formal name of the procedure that removes a fetus by using a process involving the pregnant female’s intact dilation and extraction. Partial-birth abortions often take place after the fetus has reached viability. Because of this, federal legislation banned partial-birth abortions in the United States in November of 2003. The Partial-Birth Abortion Ban Act is the formal legislation that outlaws partial-birth abortions to terminate a pregnancy in its later stages.
Who Can Perform an Abortion in California?
Because the California Constitution and the United States Constitution protect the human right to abortion, there are various pieces of legislation outlining the proper administration of this medication and procedure. While the terms under which an individual may receive a medication abortion versus an in-clinic abortion are more general regarding the patient who may be looking to undergo the abortion procedure, the individuals who can legally administer the medication or perform the medical practice are far more specific. Below are medical professionals that have licenses and are legally able to complete and administer an abortion:
- Licensed Nurses
- Licensed Nurse Practitioners
- Licensed Nurse-Midwives
- Licensed Physician Assistants
- Licensed Medical Doctors
The Future of Abortion in California:
Because of the amount of controversy surrounding abortion in the United States, California legislators are still working to protect and ensure the reproductive rights of females in the state amidst the ever-changing social and political climates. To do so, California Legislators are introducing legislation that, if passed, would make California an abortion sanctuary state. As of March 2022, discussions surrounding this legislation are known to be taking place in the legislature. As of March 2022, the California legislature has not yet passed or amended any bills.
Contact Pride Legal
If you or a loved one have questions or need legal help with abortion rights in California, we invite you to contact us at Pride Legal for legal counseling or if you have any further questions. To protect your rights, hire someone who understands them.
